Academic Freedom and Tenure
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Academic Freedom
and Tenure
Clarkson College (Nebraska)1
This report deals with action taken by the Clarkson College ad- Eugene A. Conley as the chair of the board of directors of the
ministration in May 1992 to terminate the services of six mem- college. Recently, "Bishop" was dropped from the college's
bers of the college's full-time faculty, including, in order of se- name, leaving it simply Clarkson College.
niority, Professors Elizabeth Ann Blake, Anne M. Larson, Thus, Clarkson College currently is a private, coeducational
Cynthia Hromek, and Jane Hokanson Hawks. institution offering the degrees of Bachelor of Science in
Nursing, Master of Science in Nursing, Master of Science in
I. Introduction Health Services Management, Associate and Bachelor of
Science in Radiology, and Associate of Science in Physical
The origins of Clarkson College are found in the late nineteenth Therapy Assistant. Within the past decade, the college has
century, when it was established in Omaha, Nebraska, as the gained accreditation (for the bachelor's degree in 1984, and in
Bishop Clarkson School of Nursing in conjunction with the 1991 for all of its programs) by the North Central Association
Bishop Clarkson Hospital. The school and the hospital were of Colleges and Schools, the Nebraska State Board of Nursing
named for Bishop Robert H. Clarkson of the Episcopal Church, (1984), and the National League for Nursing (1988). Clarkson
and both were governed until recently by the same board of di- College students can pursue general education courses at other
rectors. The school was forced to close for five years in the late accredited institutions and transfer those credits for application
1950s, when the Bishop Clarkson Hospital moved to a new site to their degree.
near the University of Nebraska Medical Center and the old Patricia Book Perry (R.N., Ph.D.) was appointed director of
hospital and nurses' home were sold. In 1960 the Bishop nursing education of the Bishop Clarkson School of Nursing in
Clarkson School of Nursing was reopened in a new building ad- 1976, becoming dean of the college after the transition in 1981
jacent to the Medical Center, still as a three-year, diploma- and then president in 1988. She, along with Gloria J. Gross
granting institution. Adjusting to nationwide changes taking (R.N., Ph.D.), who became dean when Dr. Perry was elevated
place in the education of nurses, the school was transformed in to the presidency, played an important role in the institution's
1981 into a baccalaureate degree-granting college. In 1987 the transition from a diploma-granting school to a college granting
school's name was changed to Bishop Clarkson College, and it the baccalaureate degree. In July 1990, Dr. Perry resigned, and
acquired its own board of directors, although relations with the Dr. Gross served as acting president for the 1990—91 academic
hospital are still close and the college cannot accurately be de- year. Dr. Fay Bower (D.N.Sc, F.A.A.N.), formerly dean of
scribed as fully independent of the hospital. Four members of nursing, interim vice-president, and director of university plan-
the college's board of directors are also members of the hospital's ning and institutional research at the University of San
board, and the college and the hospital are both subsidiary cor- Francisco, assumed the office of president in October 1991,
porations of Bishop Clarkson Corporation, which, the under- with Dr. Gross becoming academic vice-president. In
signed investigating committee was told, has its own board of September 1992, Dr. Gross, after seventeen years at Clarkson,
directors and chief executive officer above those of the college resigned and, at the time of the investigating committee's visit in
and the hospital. The 1990—92 Clarkson College catalogue lists late November, had not been replaced. Dr. Sherry L. Mustapha
(R.N., Ed.D) serves now as dean of nursing.
The transition to an accredited baccalaureate college was
'The text of this report was written in thefirstinstance by the members
of the investigating committee. In accordance with Association practice, achieved with some difficulty. The National League for Nursing
the text was then edited by the Association's staff, and as revised, with gave the college its accreditation only after two previous applica-
the concurrence of the investigating committee, was submitted to tions had been rejected. The change to a college involved not
Committee A on Academic Freedom and Tenure. With the approval of only a new corporate organization, but also changes in the cur-
Committee A it was subsequently sent to the faculty members at whose riculum and, in the words of one faculty member, the adoption
request the investigation was conducted, to the administration of
Clarkson College, and to other persons concerned in the report. In the of a quite different "academic culture." The tensions resulting
light of the responses received and with the editorial assistance of the from these changes may have had a bearing on the events to be
Association's staff, this final report has been prepared for publication. discussed in this report.
46 ACADEME May-June 1993II. The Actions of May 1992 Pursuant to paragraphfive(5) of your Faculty Employment
Agreement, Bishop Clarkson College will not renew your
Shortly before President Bower took office, and after the contract for the 1992-1993 school year. Your office must
1991-92 academic year had begun, each faculty member at be vacated and your keys to the building, office, and class-
Clarkson College was asked to sign a "Faculty Employment room returned...by May 31, 1992, although you will re-
Agreement," which stated that the faculty member was being ceive compensation through June 12, 1992. You will re-
employed by the college for that academic year beginning on a ceive a paycheck in June, July, and August. Before you may
particular date in August 1991 and running until a date in late receive your last check, it is necessary for you to return your
May or early June 1992. Although there had been earlier discus- Clarkson badge to Personnel.3
sions between some faculty members and Drs. Perry and Gross We wish to thank you for your previous service and wish
about instituting contracts, the agreement in the form presented you the best of luck in your future endeavors.
to the faculty had not been reviewed by any faculty body. The
employment agreement states, inter alia: Three of the four faculty members who sought assistance
from the American Association of University Professors filed
5. Renewal. Reemployment under this Agreement shall be
grievances under a procedure included in the college's Policies!
considered automatic unless the Faculty Member is noti-
Procedures Manual, but the administrative officers refused to
fied to the contrary not later than the 15th day of May....
consider their grievances on the grounds that the grievance pro-
6. Termination. [The college] may discharge Faculty Mem- cedure had not been incorporated into the new Faculty
ber for just cause...by giving Faculty Member written no- Employment Agreement, which superseded previous docu-
tice of discharge and the cause or causes for discharge. Just ments, and that the college's only obligation was to provide
cause shall include, but not be limited to, physical or mental them with notice as specified in the agreement. One of the fac-
incapacity that renders the Faculty Member unable to per- ulty members who filed a grievance stated that she was called in
form the services required under this Agreement, incompe- by Ms. Debra Tomek, the manager of the personnel department
tency, insubordination, immorality, illegality, or any unpro- of the hospital, and told that an entirely new grievance proce-
fessional conduct reflecting discredit on Faculty Member or dure had replaced the one described in the manual. When the
[the college], or which impairs the continued usefulness or faculty member asked to see the new grievance procedure, the
ability of Faculty Member to teach at [the college].... personnel manager refused to give her a copy. The policies and
procedures, she said, "exist as guidelines for the administration."
8. Miscellaneous. This Agreement constitutes the entire un-
When some of the faculty members whose services were ter-
derstanding and agreement between the parties. There are
minated requested letters of recommendation or a statement of
no promises, terms, conditions, or obligations other than
reasons for the action from Dean Mustapha, they received iden-
those contained herein; and this Agreement shall supersede
tical letters, addressed "To Whom It May Concern:"
all previous communications, representations, or agree-
ments, either verbal or written, expressed or implied, be- [Name of faculty member] was employed at Clarkson
tween the parties hereto.... College as a member of the faculty of the Division of
Nursing from [date] to June of 1992. This year we did not
Presented with this document, all faculty members signed it,
renew [the professor's] contract because we needed to real-
the investigating committee was told, except for one who re-
locate resources. Several nursing faculty positions were
signed rather than sign. At least one faculty member reached an
eliminated or reassigned to other programs.
agreement with Dr. Gross on an addendum to the contract
defining with some specificity her workload; however, when this In a letter of August 5, 1992, to the Association's staff,
contract reached the desk of President Bower, she refused to sign President Bower referred to a need "to eliminate several nursing
it and required that all agreements be signed exactly as originally faculty positions" as the reason for the administration's actions.
presented, with no modifications or addenda. Despite the statements of Dean Mustapha and President
On May 7, 1992, without any previous notice or warning of Bower that the services of the faculty members were terminated
unsatisfactory performance,2 six (of a total of about thirty-five) because the college had eliminated several faculty positions, in
full-time faculty members received the following letter from June the college opened a search for "faculty to teach in both our
President Bower: graduate and undergraduate nursing programs." The advertise-
ments did not mention a specific number of vacancies, but the
None of the affected faculty members interviewed by the investigating
3
committee had received prior notice that termination was being con- The salary paid in the summer months was not severance pay, but
sidered. The committee, however, did not speak to all of those whose lather payment on a twelve-month basis for services during the acade-
services were terminated. mic year.
ACADEME May-June 1993 47notice was for faculty "positions" in "the medical surgical, pedi- Elizabeth Blake in 1989) and that two were nominated for
atric, and community mental health components" of the degree Teacher of the Year (with Cynthia Hromek selected) in the same
programs. Notices of the vacancies were sent out in letters, an year that their services were terminated.
advertisement appeared in the June issue of Nursing and Health The Association's staff wrote to President Bower on June 23
Care, and several new appointments were made. In some cases, and again on July 28, 1992, raising the issue of the rights of the
the new appointees seem not to have had as much professional terminated faculty members under the 1940 Statement of
education or experience as some of those whose services were Principles on Academic Freedom and Tenure and urging their re-
terminated. Be that as it may, it is clear that a number of faculty instatement. Replying on August 5, President Bower cited the
members at the college whose appointments were continued absence of a system of tenure at Clarkson College, coupled with
had less educational preparation and experience than several of the signed Faculty Employment Agreement, to justify her ac-
those who were not retained. tions. On October 7, the Association's staff heard from Mr.
In May and June of 1992, four of the faculty members whose Edward Pohren, an attorney in Omaha, who stated that he rep-
services were terminated approached the Association for assis- resented Clarkson College (and Clarkson Hospital). At his re-
tance, submitting documentary material. The four are: quest, the staff sent him materials relating to the Association's
Elizabeth Ann Blake (B.S.N., M.S.Ed.), who is a candidate mediative and investigative procedures. By letter dated October
for the M.S.N. degree at Creighton University in Omaha. She 9, the staff informed President Bower that the Association's gen-
served as instructor at Creighton Memorial St. Joseph School of eral secretary had authorized an investigation of the issues raised
Nursing from 1964 to 1972, when she was appointed as an in- by the actions taken against the faculty members at Clarkson
structor at Clarkson. She was promoted to the rank of assistant College. The undersigned were then appointed as an ad hoc com-
professor in 1985, and to the rank of associate professor in 1989. mittee to conduct that investigation. Mr. Pohren subsequently
Thus she had taught at Clarkson for twenty years and had eight wrote to the Association's staff that Clarkson College had "hon-
years of teaching experience elsewhere. ored its contract with the faculty members," asserting that "the
Anne M. Larson (B.A., M.S.), who is a candidate for the specific object of the AAUP's involvement here is to get the col-
Ph.D. degree at the University of Nebraska—Lincoln. She was lege to pay these persons money." He went on as follows:
appointed as an instructor at Clarkson in 1982, promoted to the
We want you to know that the College will not be intimi-
rank of assistant professor in 1987, and to that of associate pro-
dated into paying something to these former faculty mem-
fessor in 1991. Thus she had taught at Clarkson for ten years.
bers. Indeed, the Administration thinks that using this
Cynthia Hromek (A.D.N., B.S.N., M.S.N.), who is candi-
threat of an investigation (or the likelihood of censure) to
date for the Ph.D. degree at the University of Colorado. Before
win your objective is a shameful tactic and smacks of extor-
coming to Clarkson she was an instructor at West Texas State
tion. You are advised, therefore, that the College refuses
University (1979-81), Northwest Texas Hospital School of
your invitation to participate in this exercise.
Nursing (1981-84), and Amarillo College (1984-85). She
joined the Clarkson faculty as an instructor in 1986 and was Before the ad hoc investigating committee's visit to Omaha,
promoted to the rank of assistant professor in 1989. She thus President Bower circulated a letter to all faculty members in-
had six years of teaching experience at Clarkson after six years of forming them of the impending investigation into "an internal
prior service elsewhere. In 1992 she received the Teacher of the College matter" by the Association, "a labor union." This
Year award at Clarkson. "AAUP meddling" is occurring, she said,
Jane Hokanson Hawks (B.S.N., M.S.N.), who is a candidate
because some members of the faculty whose contracts were
for the D.N.Sc. degree at Widener University in Pennsylvania.
not renewed...were unhappy with that determination. The
She served as an instructor at Morningside College (1978-79)
AAUP refuses to understand that a system based upon
and the Jennie Edmundson School of Nursing (1979—81 and
merit can be effective and that employment is not "guaran-
1986—88), and as an instructor (1981—83) and assistant profes-
teed" in the private sector. Rather, they adhere to their own
sor (1983-86) at the University of Nebraska College of Nursing
theories which, coming from 1940, are 50 years out of date.
before joining the Clarkson faculty as assistant professor in 1988
They do not care that the Faculty Employment Agreement
and being promoted to the rank of associate professor in 1991.
was developed at your request.
Thus she had been at Clarkson for four years after having taught
at other institutions for nine years. She has published extensively The Association, she continued, operates "under the guise of being
in health-profession books and journals and was a nominee for a crusader for the cause of academic freedom and tenure," while its
the 1992 Teacher of the Year award at Clarkson. real reason is to obtain money for the former faculty members; but
It will be noted, from the above, that three of these four fac- the college will not be "intimidated. You may choose to commu-
ulty members had been promoted to the rank of associate pro- nicate with this outsider," she concluded, but "we would prefer to
fessor quite recently (Anne Larson and Jane Hawks in 1991 and hear your ideas, suggestions and/or criticisms directly."
48 ACADEME May-June 1993The investigating committee examined available documenta- Under the provisions of the 1940 Statement of Principles,
tion relevant to the case and then visited Omaha on November Professors Blake and Larson, who had been full-time faculty
22—24, 1992. It conducted interviews at an off-campus location members at Clarkson for twenty and ten years respectively, were
and spoke, in person or by telephone, to nine current and for- entitled to the protections of tenure based on the length of their
mer faculty members, including all four of those who had service. The 1940 Statement allows for a maximum of four years
sought the Association's assistance; to Dr. Patricia Perry, the for- of nontenured service at the current institution, with a year of
mer president; to Dr. Gloria Gross, the former dean, academic notice if tenure is to be denied, in the case of faculty members
vice-president, and acting president; and to three students. with at least three years of previous service elsewhere. Professors
President Bower refused repeated invitations to speak to the Hromek and Hawks each had the requisite prior service. With
committee, and the committee did not meet with any other cur- the former's six years and the latter's four years at Clarkson
rent member of the Clarkson College administration.4 College, each had served beyond the maximum period of time
during which a decision to deny them indefinite tenure could
properly be made. All four faculty members had accordingly at-
III. Issues and Findings tained the protections of tenure under the 1940 Statement of
The 1940 Statement of Principles on Academic Freedom and Principles and therefore should not have been subject to dis-
Tenure and the 1958 Statement on Procedural Standards in missal except for demonstrated cause and with opportunity for a
Faculty Dismissal Proceedings, both of which were issued jointly hearing and other requisite protections of academic due process.
by the American Association of University Professors and the As to notice, the Association's recommended standards are
Association of American Colleges, set forth procedural stan- summarized in Regulation 8 of its Recommended Institutional
dards regarding academic freedom, tenure, and termination of Regulations: after two years of service, at least twelve months of
appointments that are widely respected in American higher notice in all cases in which moral turpitude has not been estab-
education. Also relevant to the cases that arose at Clarkson lished. None of the four professors whose cases are treated
College are derivative AAUP-supported standards as set forth specifically in this report was given anything remotely resem-
in its Recommended Institutional Regulations on Academic Free- bling such notice. They were given a scant four weeks. By
dom and Tenure. The actions taken by the Clarkson College Association-supported standards, they received much less notice
administration in the cases of Professors Blake, Larson, than a faculty member in the first year of service should receive.
Hromek, and Hawks will be measured against these principles The administration claims that its actions were justified on
and standards. the grounds of the Employment Agreement the faculty mem-
bers signed in September 1991. This agreement, as was noted
A. Tenure, Terms of Appointment, and Notice above, states that the services of faculty members could be ter-
According to the 1940 Statement ofPrinciples, "the precise terms minated at the end of the academic year if they were so notified
and conditions of every appointment should be stated in writing" by May 15 and that the agreement supersedes all previous pro-
and be in the possession of both the professor and the college. visions governing faculty appointments and agreements be-
Professors should have permanent or continuous tenure after a tween the college and the faculty member. This claim needs to
probationary period not to exceed seven years, with credit granted be examined in the context of the situation that prevailed at
for up to three years of prior service at other institutions of higher Clarkson College. First, the agreement specifies that the term of
education. Probationary faculty members who are not to be re- service was to begin on August 19, 1991, but it was signed after
tained with tenure should receive at least one year of notice. that date, and as late as September 30 by three of the four pro-
Clarkson College has no provisions for granting tenure to fessors who brought their cases to the Association's considera-
members of its faculty. According to testimony given to the in- tion. President Bower's signature on three of these contracts
vestigating committee, there was some discussion between fac- was dated October 1. The administration issues these contracts
ulty members and the previous administration about adopting a after what was defined as the beginning of the academic year,
tenure policy; however, there apparently being little faculty sup- when there was little or no chance that the faculty members
port, no such policy was adopted. Furthermore, until 1991 in- could obtain another teaching position if they refused to sign.
dividual letters of appointment had not been issued. Faculty Faced with a demand to return the document promptly, they
members stated to the investigating committee that workloads lacked time to consider the implications of its terms or to ob-
were set arbitrarily by the administration and that a number of tain legal advice.
faculty members were assigned unexpected increases. Second, the faculty members who raised questions about the
terms of the contract were assured, in good faith by Dr. Gross
4
President Bower, commenting on a draft text of this report sent to her she and they have testified, that the contract was a formality and
prior to publication, stated that she "denied the ad hoc committee en- that their previous rights would continue. What was assumed to
trance to the college building to protect the students from intrusion." have been their previous rights are described in the Clarkson
ACADEME May-June 1993 49College Policies/ProceduresManual.5Its provisions regarding the one hand, because the college's financial condition necessi-
faculty status and personnel procedures are not clearly defined tated reducing positions or reallocating resources, or, on the
and are inadequate when measured against the standards de- other hand, because of the faculty members' failure to meet ed-
scribed in the above-cited Association documents. As these pro- ucational standards, failure to make an adequate contribution to
cedures were administered by the previous administration at the college, or failure to be a "team player." These inconsistent
Clarkson, however, the members of the faculty believed they assertions, however, were all offered after the actions were ef-
had assurances of continuance and fair treatment. Dr. Gross fected, with no prior notice to the faculty members of the al-
stated to the investigating committee that the accrediting agen- leged concerns and no opportunity for them to respond to such
cies had been assured that Clarkson had a policy of continuing allegations. Moreover, the decisions to terminate were made en-
appointment. tirely by the administration. There was no participation by any
Given the circumstances under which these agreements were faculty body in these decisions that massively affected faculty
issued and signed—presented to the faculty after the new acad- status.
emic year had begun, with very little time for consideration, and Association-supported policy allows for termination of con-
with oral assurances from the academic vice-president that they tinuous faculty appointments on grounds of financial exigency
would lead to no significant change in administrative prac- if the administration demonstrates that there is "an imminent fi-
tices—one may question their authenticity, not to mention their nancial crisis which threatens the survival of the institution as a
fairness. whole and which cannot be alleviated by less drastic means."
The faculty should participate in determining the existence of
B. Grounds for Dismissal and Due Process such a crisis and in identifying the criteria for termination; it
The letters which the faculty members received from President should also participate in determining where within the institu-
Bower in May 1992 contained no statement of reasons for her tion the terminations should occur and which appointments
actions to dismiss them. The identical letters from Dean should be terminated. Those faculty members thus identified
Mustapha provided to the dismissed faculty members who re- should have the right to a full hearing before a faculty commit-
quested letters of recommendation from her stated that they tee. The institution should make every effort to place the af-
were not retained because "we needed to reallocate resources. fected faculty member in some other suitable position within
Several nursing faculty positions were eliminated or reassigned the institution, should not make new appointments to positions
to other programs." The investigating committee is aware of two which could befilledby the faculty members being released, and
other written statements by a member of the administration should give those faculty members due notice or severance
about the reasons for the actions. President Bower's August 5 salary. None of these procedural safeguards for tenure in a time
letter to the Association's staff, mentioned earlier, referred also offinancialexigency was met by the Clarkson College adminis-
to the need "to eliminate several faculty positions." On the other tration in the cases of concern. Given the failure of the adminis-
hand, her letter informing the faculty of the Association's inves- tration to make any serious attempt to establish the existence of
tigation implied, by the statement that the Clarkson "system" is afinancialexigency and thefillingof several of the positions that
"based upon merit," that the terminations were the result of lack became vacant as a result of the terminations, the investigating
of merit. In addition to these written statements, several of those committee is left with serious doubts as to whether the termina-
interviewed by the investigating committee reported that tions can in fact be attributed to financial exigency.
President Bower made oral statements publicly after her actions With respect to other alleged reasons for the terminations,
to the effect that the criteria used in selecting the faculty mem- those interviewed by the investigating committee have testified
bers whose services were to be terminated were "contribution to emphatically that the four faculty members who sought the as-
the college," workload, possession of the master's degree, and sistance of the Association were among the best qualified and
being a "team player." most experienced professors at Clarkson and that on the whole
In sum, members of the current Clarkson College administra- they had received excellent evaluations from students and fac-
tion have suggested that the faculty members were released, on ulty peers. At the same time that these faculty members were re-
leased, other faculty members were retained who did not have
similar academic credentials or professional experience. The
In the "General Personnel" section of the manual, the policy on
"Continued Appointment and Employment" states: "Bishop Clarkson subsequent advertisement for new faculty members stated that,
College is committed to a philosophy of providing employment for all while a doctorate and teaching experience were preferred, nei-
professional staff who maintain a satisfactory level of performance. A ther was required of applicants.
high level of importance is placed on maintaining stability in order ro According to the persons interviewed by the investigating
provide the quality of education to which Clarkson is committed.
Should economic, enrollment, or other circumstances dictate a tempo- committee, the "teamwork" criterion was used to terminate the
rary or permanent reduction in numbers of employees, each member services of faculty members who had questioned or expressed
will be treated in a fair and equitable manner." disagreement with some of President Bower's decisions or ad-
50 ACADEME May-June 1993ministrative practices. The one faculty member interviewed by Despite the president's assurances, the investigating commit-
the investigating committee who tended to defend President tee has found reasons for concern about the commitment to aca-
Bower expressed "surprise" at some of her actions because the re- demic freedom at Clarkson College. In the first place, the inves-
leased professors were so well qualified. If one is to assume that tigating committee is concerned with section 8 of the Faculty
the administration acted against a significant portion of its fac- Employment Agreement. This section, quoted earlier in this re-
ulty for cause as opposed to financial exigency, here too the in- port, renounces "all previous communications, representations,
vestigating committee has found no credible reasons for the ter- or agreements, either verbal or written, expressed or implied,"
mination of faculty appointments. between the faculty members and the college. The administra-
tion has used this section as the basis for denying access to the
C. Academic Freedom grievance procedure that was included in the policy manual. Is
The 1940 Statement of Principles sets forth the fundamental the previously stated policy on academic freedom not also su-
premise that academic freedom is essential to the purposes of in- perseded by the new document? If not, how are faculty members
stitutions of higher education and should be accorded all faculty to know this? What is the basis for President Bower's claim that
members, whether tenured or untenured. The Clarkson College academic freedom is protected at Clarkson College if the Policy/
Policies/Procedures Manual includes, with language taken largely Procedures Manual has been superseded by the terms of the
from the 1940 Statement, the following statement on academic agreement faculty members have been required to sign? The in-
freedom: vestigating committee can assume only that academic freedom
at Clarkson is left to the whim of the president.
Institutions of higher education are conducted for the
In the second place, the investigating committee was told by
common good and not to further the interest of the stu-
all but one of the persons it interviewed that in their judgment
dent, the individual faculty member, or the institution as a
the basis for acting against some of the faculty members at
whole. The common good is dependent on the free search
Clarkson College was their outspokenness in expressing opin-
for truth and its free exposition. Academic freedom is es-
ions that differed from those of President Bower and in express-
sential to these purposes and applies to both teaching and
ing support for the policies of the previous administration. In
research. Freedom in research is fundamental to the ad-
the absence of the administration's willingness or ability to sup-
vancement of truth. Freedom in academia is fundamental
port with evidence its alternate and inconsistent claims that its
for the rights of the teacher in teaching and of the student
actions were based on financial exigency or program discontinu-
in learning.
ance or professional unfitness, the investigating committee can-
(a) A college faculty member, speaking or writing as a cit- not discount assertions that the actions were based on consider-
izen, should be free from discipline or censorship from the ations violative of the academic freedom of the faculty members
institution, keeping in mind the public may judge his/her adversely affected.
profession by his/her words. The faculty member will indi- Finally, the investigating committee was impressed by testi-
cate he/she is not speaking for the institution. mony of those whom it interviewed (again, with one exception)
of an oppressive atmosphere at the college subsequent to last
(b) The faculty member is entitled to freedom in dis-
May's actions and of fear by faculty members that an expression
cussing subject content, in accordance with philosophy and
of opinions critical of the president will place their continuance
policies of the institution.
in jeopardy. The committee was told by several of the persons it
(c) A faculty member is entitled to full freedom in re- interviewed that the letter from President Bower to the faculty
search and in publication of the results while performing preceding the visit of the committee was widely interpreted as a
adequately his/her other academic duties.... message to faculty members not to meet with the committee. In
the words of one faculty member, the letter was seen as a "veiled
In her letter of August 5, 1992, to the Association's staff, threat." Some current faculty members whom the committee
President Bower states: contacted refused to be interviewed or even to state why they did
not wish to be interviewed. If such faculty members wished to
Quite clearly, academic freedom in regard to both teaching support the decisions of President Bower, the investigating com-
and research are the hallmarks of any respected institution mittee is unaware of any good reason for them not to meet with
of higher education. Clarkson College believes in those the committee and say so. If they did not wish to support the
principles and practices them in dealing with members of president, why should they not speak out if they had no fear of
the faculty. the consequences?
You may be assured, therefore, that academic freedom The current situation at Clarkson College demonstrates the
was not compromised when the College did not renew the importance of institutional policies which explicitly ensure acad-
appointments of certain faculty members... emic freedom, tenure, and due process. Without such assurances,
ACADEME May-June 1993 51faculty rights are dependent on the shifting sands of changing ad- (5) to furnish a structure for faculty, academic staff, and stu-
ministrations. Faculty members at Clarkson College appear to dents to take action and/or make recommendations to the
have had confidence that their rights were protected and that administration and to the College Board of Directors.
they would be treated fairly by the previous administration. With
no tenure system in place, however, and without stated policies In the Policies/Procedures Manual, a section entitled "Selec-
ensuring due process and defining the faculty's participation in tion/Appointment/Position Changes Procedures" identifies du-
college government, faculty members found themselves with ties only of the president, the dean, and the division chair. There
scant protection once the administration changed. is no mention of any faculty committee's having any part in
these procedures. A section setting forth the grievance procedure
D. Governance describes functions for the same officers and provides a role for
The 1940 Statement of Principles on Academic Freedom and a hearing board, but there is no mention of who makes up the
Tenure states that college and university professors are "officers membership of this board. A section on academic rank refers to
of an educational institution." The 1966 Statement on Govern- a committee on academic rank, but, again, does not address its
6
ment of Colleges and Universities, jointly formulated by the membership.
American Association of University Professors, the American Whatever the extent of faculty participation in institutional
Council on Education, and the Association of Governing government under the Policies/Procedures Manual, the provi-
Boards of Universities and Colleges, sets forth the respective sions in the manual would seem no longer to be in operation,
governing responsibilities of college boards of trustees, presi- given section 8 in the Faculty Employment Agreement and the
dents, and faculties. In describing the faculty's role, the State- stance taken by the hospital's manager of personnel in not let-
ment on Government, among other things, says: ting a faculty member even see the current grievance procedure.
It is also worth noting that the hospital's manager of personnel
The faculty has primary responsibility for such fundamen-
seems to have jurisdiction over the faculty. The investigating
tal areas as curriculum, subject matter and methods of in-
committee was told by some faculty members that they believe
struction, research, faculty status, and those aspects of stu-
faculty personnel decisions, and even curricular decisions, are es-
dent life which relate to the educational process Faculty
sentially being made now by the president. Dr. Gross stated
status...includes appointments, reappointments, decisions that, even as dean and academic vice president, she was not a
not to reappoint, promotions, the granting of tenure, and participant in the selection of the faculty members whose ser-
dismissal. vices were to be terminated.7 In May 1992, while she was on a
Institutional government at Clarkson College fails signifi- three-week leave of absence, the letters notifying faculty mem-
cantly when measured by these standards. Even under the previ- bers of their dismissal went out from the president's office.8
ous administration, which seems by and large to have worked
cooperatively with the faculty, the stated policies inadequately IV. Conclusions
defined the faculty's role in the above-mentioned matters.
Consultation seems to have been on a rather informal and un- 1. The administration of Clarkson College dismissed Professors
structured basis. In the "Governance and Administration" sec- Elizabeth Ann Blake, Anne Larson, Cynthia Hromek, and Jane
tion of the self-study prepared for the North Central Association
in 1988, a "line of command" system is described, with author-
ity descending from the board of directors through the president President Bower, in her prepublication comments on this report,
and the dean to the division chairpersons. The self-study report refers to the formation in the spring of 1992 of a College Assembly
"which more than adequately provides for faculty involvement in col-
goes on to state: lege governance."
The primary mechanism for the participation of the faculty, President Bower, commenting on this report's prepublication text, as-
administrators, and students in the governance of the college is serts that "Dr. Gross was involved in the decisions."
through the Clarkson College Council. The Council functions Subsequent to the submission of this report, the Association's staff re-
as a body-of-the-whole, and is comprised of all faculty, academic ceived a complaint from another faculty member at Clarkson College.
staff, administrators, and designated student representatives According to information provided by this faculty member, she was
[The purposes of the College Council are]: notified of her immediate dismissal on January 21, 1993, with no writ-
ten charges, no opportunity for a hearing, and no severance salary.
(1) to maintain high educational standards, By letter of March 19, 1993, President Bower commented on the draft
(2) to assure that the College activities comply with the estab- text of this report as follows: "While I followed the procedures estab-
lished before I arrived, I am not satisfied with the present contract. As
lished mission and purposes of the institution, a long-time academician and champion of faculty rights, I have formed
(3) to provide a system of communication, a faculty committee to discuss ways we can revise the contract. We will
(4) to promote coordination of college activities, and be working on a new version over the next few months."
52 ACADEME May-June 1993Hokanson Hawks, all of whom were entitled under the 1940 Investigating Committee
Statement of Principles on Academic Freedom and Tenure to the
protections of tenure, without affording them requisite protec- Committee A on Academic Freedom and Tenure has by vote
tions of academic due process as called for in the 1940 Statement authorized publication of this report in Academe: Bulletin of the
of Principles and the 1958 Statement on Procedural Standards in AAUP.
Faculty Dismissal Proceedings. The four professors were not given
an adequate statement of the reasons for their dismissal and were ROBERT M. O ' N E I L (Law), University of Virginia, Chair
not afforded the opportunity to be heard in their defense by a
faculty committee or any other body. They did not receive the Members: ELIZABETH BARTHOLET (Law), Harvard University;
notice or severance salary called for in the 1940 Statement of WILLIAM P. BERLINGHOFF (Mathematics), Farmington, Maine;
Principles. MATTHEW W. FINKIN (Law), University of Illinois; ROBERT A.
2. With the absence of a tenure system, the cancellation of GORMAN (Law), University of Pennsylvania; MARY W. GRAY
previously existing policies and procedures by the terms of a new (Mathematics), American University; BETSY LEVIN (Law),
one-year employment agreement, and widespread belief among University of North Carolina at Chapel Hill; JAMES E. PERLEY
faculty members that they will endanger their careers if they ex- (Biology), College of Wooster; IRWIN H. POLISHOOK (History),
press themselves in opposition to the policies and practices of Herbert H . Lehman College, CUNY; CAROL SIMPSON STERN
the current president, academic freedom is not protected at (Performance Studies), Northwestern University; ERNST
Clarkson College. BENJAMIN (Political Science), Washington Office, ex officio;
3. Clarkson College's policies and procedures are severely de- JORDAN E. KURLAND (History and Russian), Washington
ficient in meeting the standards for faculty participation in in- Office, ex officio; LlNDA RAY PRATT (English), University of
stitutional governance under principles of shared authority, as Nebraska-Lincoln, ex officio; RALPH S. BROWN (Law), Yale
enunciated in the 1966 Statement on Government of Colleges and University, consultant, BERTRAM H . DAVIS (English), Florida
Universities. State University, consultant, JUDITH J. THOMSON (Philosophy),
Massachusetts Institute of Technology, consultant, WALTER P.
C. WILLIAM HEYWOOD (History) METZGER (History), Columbia University, senior consultant.
Cornell College, Chair
BARBARA L. SCHARE (Nursing)
University of Cincinnati
ACADEME May-June 1993 53You can also read
